2012 PLP 5 (YLR)
DILBAR KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2012 PLP 5 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jehan Khan and Fazal-i-Haq Abbasi, JJ |
| Parties | DILBAR KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2012 PLP 5 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 5 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jehan Khan and Fazal-i-Haq Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 5 (YLR) (DILBAR KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Rehan for Petitioner
- Date of hearing: 8th September, 2011.
Headnotes / Summary
2011 PCr.LJ 1340 ref Muhammad Ramzan v. State 1989 SCMR 1405 and Nadeem alias Dimo v The State 2007 SCMR 255 rel Abdur Rauf Gandapur for the State
Judgment & Decree
FAZAL-I-HAQ ABBASI, J.
Dilbar Khan has moved the instant petition for issuance of directions of concurrent running of two substantive sentences awarded to him, on the ground of old-age, in two different F.I.Rs. i.e. in case F.I.R. No.776 dated 23-12-2001 under sections 302/ 324/34, P.P.C. of P.S. Lahore District Swabi and in case F.I.R. No.125 dated 9-9-2003 under sections 302/34, P.P.C. P.S. Lahor District Swabi.
2. Learned counsel appearing on behalf of the petitioner relied on a Judgment of a Division Bench of this Court reported in 2011 PCr.LJ. 1340, whereby while accepting the constitutional petition, the learned Court directed concurrent running of the sentences awarded to the accused vide judgment dated 14-3-2002 in case F.I.R. No.33 dated 16-2-2001 under section 9(c) C.N.S.A. registered at P.S. Hassan Abdal and in case F.I.R. No.1113 dated 19-12-2000 under section 9(c) C.N.S.A. registered at P.S. Topi (Swabi).
3. Learned counsel appearing for the State opposed the petition and relied upon the judgment of the apex Court in case of Muhammad Ramzan v. State reported in 1989 SCMR 1405.
4. Arguments heard, record perused
5. The petitioner was convicted and sentenced on two different occasions in two separate F.I.Rs. through separate Judgments, in such a situation it was held in 1989 SCMR 1405 that the sentences were to run consecutively and the petition for seeking directions to run the sentences concurrently was dismissed. In case of Nadeem alias Dimo v. The State, reported in 2007 SCMR 255, the Hon'ble Supreme Court while setting aside the sentence of death awarded to the accused under section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, convicted two of the accused under section 10(3) of the Ordinance and each of them was sentenced to twenty five years Rigorous Imprisonment. Conviction and sentence of accused, who committed sodomy was kept intact, while upholding the conviction of all the accused persons under sections 449 and 337-J, P.P.C., reduced the sentences of imprisonment for each of offence to five years' imprisonment, but directed that all the sentences of imprisonment, to run consecutively.
6. When the petitioner was convicted and sentenced in two different F.I.Rs. of two different dates, through separate judgments, in such a situation, sentences are to run consecutively. Each criminal case has to be decided on its own facts and circumstances. Keeping in view that the petitioner was convicted for the murders of two persons of the same family at two different occasions, it would not be in the interest of justice to direct the sentences to run concurrently. In this view of the matter this petition is dismissed. H.B.T./273/P Petition dismissed.